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What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
Allens advises Iberdrola on first Australian renewables acquisition
The 320MW project will be the first venture in Australia for Iberdrola, one of the world's largest electricity utilities and the number one producer of wind energy in the world. Iberdrola has aroun ...
Breaking news
Two important developments have unfolded over the past week. The InIP editors report ...
Overhaul of Victorian environmental laws delayed until 1 July 2021
The Environment Protection Amendment Act 2018 (Vic) (EP Act), which was set to commence on 1 July 2020 (and overhaul environmental laws in Victoria) will now commence on1 July 2021 as part of a suite of emergency measures in response to COVID-19. Our team looks at the COVID-19 Act and how it relates ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...
Targeting net zero: a climate change guide
Even in a COVID-19 affected world, climate change remains a material consideration for most businesses. The challenge of reaching net zero by 2050, in particular, will increasingly demand the attention of in house legal and compliance teams. ...
A 'high risk' jurisdiction: climate change and directors' duties
Australian law requires certain standards of conduct of company directors, including that directors act in the best interests of the company and exercise care and diligence in performing their role. ...
In search of consistency: state schemes and policies
State and territory governments are increasingly willing to take action separate to the Federal Government to address climate change through state schemes, policies and, in some cases, legislation. This represents a change in approach at the state and territory level over the past decade, as climate ...
Increasing climate litigation and shareholder action expected
There is a growing trend for legal action against corporates, particularly energy companies and financial firms. Many commentators, including former Chief Justice French, have predicted a continued rise in climate change litigation in Australia. ...
Voluntary schemes and soft law
The term 'soft law' refers to rules, principles or guidelines that are not themselves legally binding, but nonetheless play an important role in promoting compliance with certain standards of behaviour. Rules of 'soft law' can often act as a precursor to the emergence of 'hard law'. ...